Attorney General Jon Bruning vows to press his case against a Texas law firm he accuses of violating Nebraska law by representing “patent trolls”.
A federal judge has ruled Bruning violated the constitutional rights of Activision TV when he issued a cease-and-desist order to prevent the law firm of Farney Daniels LLP of Texas from representing the company in intellectual property cases.
United States District Judge Joseph Bataillon ruled Farney Daniels can represent Activision TV of Florida in the patent infringement case it filed against Pinnacle Bank of Lincoln as well as in other patent license cases. Bruning has stated that his dispute is not with Activision, but with other Farney Daniels clients who he claims represents companies that buy groups of patents solely to threaten infringement and get money from unsuspecting businesses; so-called patent trolls.
Bruning issued a written statement in wake of Battaillon’s ruling:
“Nothing in the judge’s order stops our ongoing investigation into patent trolls and law firms that represent them, specifically Farney Daniels,” Bruning said, claiming the ruling was procedural, “This is a limited issue that has no bearing on our patent troll investigation going forward. We will continue to work with other states to investigate the baseless harassment perpetrated by patent trolls.”
When he issued the cease and desist order on July 18th, Bruning stated, “‘Patent trolls’ make egregious threats with little or no valid legal purpose to gain fast money. It is a top priority of our office to protect Nebraska consumers and businesses from this sort of baseless harassment.”
The law firm issued a statement of its own.
Bryan Farney of Farney Daniels released this statement via email after Bruning filed the order:
“Farney Daniels is a firm of experienced patent lawyers who represent a wide range of plaintiffs and defendants across the nation in intellectual property cases, from Fortune 500 companies to individual inventors. We firmly believe that a strong patent system is vital to the U.S. economy, and are proud of our service to that system and to our clients. While the Nebraska Attorney General may have concerns about the U.S. patent system and how it works, or with particular types of patent owners, we are confident that any fair investigation will conclude our firm has lawfully and honorably represented our clients in upholding their rights.”